SC: Entertain OCI mother’s plea for adoption verification of her twin kids

The Supreme Court has directed the Chennai collector and the district child protection officer to entertain and process a plea filed by a single adoptive mother, who is an overseas citizen Of India (OCI) and seeking ‘verification’ of adoption of her twin adoptive children, born to her brother by surrogacy.

The petitioner wants to take her twin adoptive children to the UK and the verification by the collector is needed to enable her to apply for a ‘no objection certification’ (NOC) from the Central Adoption Resource Authority (CARA) — a must for taking the children abroad.

“We direct collector and District Child Protection Unit to entertain the application to be filed by the petitioner herein with all supporting documents, within a period of one week from today,” a Bench, led by Justice BV Nagarathna, said in its January 29 order.

The order came after the petitioners’ advocates — Anil Malhotra and Ankit Malhotra — submitted that the petitioner, a citizen of the UK, adopted the children on January 9, 2020, under the Hindu Adoption and Maintenance Act, and wanted to relocate them abroad. They said the procedure prescribed under the Adoption Regulations, 2022, needed to be followed in respect of Hindu adoption.

The Bench, which also included Justice SC Sharma, gave liberty to the petitioner to seek right of hearing before the collector either in person or through her representative or counsel. “It is needless to observe that if such a request is made by the petitioner for an opportunity of hearing to her or her representative or counsel, the same shall be accorded by the collector. The entire exercise shall be completed by respondents within two weeks from the date of hearing,” it said.

Directing the collector to submit a copy of the order, the Bench posted the matter for further hearing on March 5.

The court is expected to decide if adoption of children under Hindu Law by a Hindu parent, who is an overseas citizen of India, would be governed by the Hindu Adoption and Maintenance Act or the Adoption Regulations under the Juvenile Justice Act.

Adoptions by Hindus under Hindu Law are governed by Hindu Adoption and Maintenance Act, while adoption of children without known parents takes place under the Juvenile Justice Act.